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Ordinance 2015-077
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Ordinance 2015-077
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11/10/2015 12:17:52 PM
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11/10/2015 12:17:52 PM
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North Olmsted Legislation
Legislation Number
2015-077
Legislation Date
11/4/2015
Year
2015
Legislation Title
Amend Chapter 1315 Board of Building Code Appeals to Reconcile with Charter Amendment Art. VII Sec 1 and 4
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Version KW1, 082015 <br /> Exhibit B <br /> CHAPTER 1315 <br /> Building and Zoning Board of Appeals <br /> 1315.01 Powers. . <br /> 1315.02 Variations and modifications. <br /> 1315.01 POWERS. <br /> The Building and Zoning Board of Appeals created by Article VII, Section 1 shall have, <br /> in addition to the duties given to it by the Charter, the powers as granted to it by this Building <br /> Code to be exercised in the manner herein set forth. "Board," when used in this Code, means the <br /> Building and Zoning Board of Appeals. The jurisdiction of the Building and Zoning Board of <br /> Appeals shall not include matters subject to the jurisdiction of the Ohio Board of Building <br /> Standards. The Building and Zoning Board of Appeals shall have the power to: <br /> (a) Affirm or reverse, in whole or in part, or modify, any decision of the Building <br /> Commissioner interpreting the provisions of this Building Code; <br /> (b) Vary the application of any provision of this Building Code to any particular case, <br /> when in its opinion, enforcement thereof would do manifest injustice, would be <br /> contrary to the spirit and the purpose of this Building Code or the public interest; <br /> (c) Determine if any material or method of construction may be used, even though <br /> not specifically authorized by this Building Code, and specify the manner in <br /> which such materials and methods shall be used; <br /> (d) Determine any requirement for the strength or stability of an existing or proposed <br /> building or structure, or for the safety or health of the occupants thereof, not <br /> specifically covered by this Building Code, or not readily interpretable from the <br /> provisions of this Building Code; <br /> (e) Determine whether any proposed rule of the Building Commissioner supplements <br /> or aids in the interpretation of the requirements of this Building Code and is <br /> consistent therewith, and to affirm, amend, modify or nullify any such proposed <br /> rule; <br /> (f) Establish rules and regulations, conditions and qualifications for the registration, <br /> licensing or certification of qualification of any person performing work or <br /> providing services under this Building Code; <br /> (g) Report and recommend to Council any amendment, deletion or addition to the <br /> Building Code. <br /> 1315.02 VARIATIONS AND MODIFICATIONS. <br /> The Building and Zoning Board of Appeals, after public hearing may vary the application <br /> of any provision of this Building Code to any particular case when, in its opinion, enforcement <br /> thereof would be manifest injustice, would be contrary to the spirit and purpose of this Building <br /> Code or public interest or when, in its opinion, the interpretation of the Building Commissioner <br /> should be modified or reversed. A decision of the Board to vary the application of any provision <br /> of this Building Code or to modify an order of the Commissioner shall specify in what manner <br /> such variation or modification is made, the conditions upon which it is made and the reasons <br /> therefor. <br /> If a decision of the Building and Zoning Board of Appeals reverses or modifies a refusal, <br /> order or disallowance of the Building Commissioner or varies the application of any provision of <br />
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